Wayne E. Lord

An Investigation into whether Building Information Modelling BIM can Assist with Construction Delay Claims

It is probable that a construction project anywhere in the world will encounter some form of delay as a consequence of change. The impact of the delay on a project will vary, but it is likely to have a negative financial outcome. Compensation can be requested by an affected party in the form of a claim; however, issues of liability and quantum can be difficult given the ever increasing complexity of construction work involving numerous differing successive parallel tasks with varying levels of interrelated resources. Experts are often employed to analyse delays based on project records and report their findings to a tribunal. This paper identifies the difficulties associated with the retrieval and representation of information for delay claims and recognises technological opportunities to deal with these challenges. The potential to exploit aspects of BIM to support these possibilities are discussed, concluding that it can assist through the ease of access to coordinated contemporaneous project information and the use of visualisation through multiple dimensions. In order to support this initiative a detailed review of the literature is undertaken which forms part of an Engineering Doctorate.

Cost benefit analysis approach to global claims

Purpose – The purpose of this paper is to examine relevant case law governing the failure and/or success of global or rolled‐up claims, where it is said to be impractical or impossible to demonstrate the links between certain causes of action and the monetary value to be attached to each. The paper proposes a theoretical framework to improve a claimants prospects of success in advancing a global claim, not only in circumstances where it may be impractical or impossible to provide a breakdown but also where a cost benefit analysis concludes it is reasonable to do so.Design/methodology/approach – The paper uses traditional doctrinal legal methodology to evaluate judicial statements on the merits of global claims from a number of jurisdictions. The paper also draws on key authorities from the realms of health and safety and professional negligence.Findings – The cases demonstrate attempts by the court to recognise the problems faced by claimants at the end of a construction contract where their total costs ...

Project bank accounts: the second wave of security of payment?

Purpose The purpose of this study is to identify building contractors’ views as to the need for, impact of and barriers to the use of project bank accounts (PBAs) in the UK construction industry. Design/methodology/approach A cross-sectional research study was carried out by the use of questionnaires to collect quantitative data. The population for the research was of construction professionals working as full-time employees for either main (Tier 1) or specialist contractors (Tiers 2-4). Findings Contractors consider PBAs as an effective initiative to encourage fair payment. There is uncertainty, however, as to whether PBAs will result in project cost savings. Head contractor resistance is perceived to be the biggest barrier to the use of PBAs. Adoption of PBAs in private-sector construction projects is likely to be slow. Research limitations/implications The relative infancy of PBA usage in the construction industry means that responses are largely based on awareness as opposed to experience. Nevertheless, survey data represent a snapshot of contractors’ perceptions with respect to PBAs, which may be used as a benchmark against which to compare future studies to monitor how contractors’ views and expectations have changed with time. Originality/value The survey results will be of particular interest to those international jurisdictions who are considering, or who have already embarked on, the path of trialling and/or using PBAs in the public sector.